Page:United States Statutes at Large Volume 8.djvu/198

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[86 CONVENTION WITH FRANCE. 1800. taken out of that free ship, unless they are soldiers and in actual service of the enemy. Conliscation Arvr. XV. On the contrary, it is agreed, that whatever shall be found vf g¤¤d¤ laden to be laden by the citizens of either party on any ship belonging to the °“ b°“Ed °f ““l enemies of- the other, or their citizens, shall be confiscated without dis. Ohémy S VOSSB , . d • h Sam after warts tmction of goods, contraband or not contraban , in the e manner declared. as if it belonged to the enemy, except such goods and merchandizes as were put on board such ship before the declaration of war, or even after

uch declaration, if so be it were done without knowledge of such declaration ; so that the goods of the citizens of either party, whether they

be of the nature of such as are, prohibited, or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy, before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective citizens, from whatever part of the world they come, shall not plead the ignorance mentioned in this article. p,,,,,,,,,,,,,, tobc Ann. XVI. The merchant ships belonging to the citizens of either vxhibntsd. and of the contracting parties, which shall be bound to a port of the enemy

}·“‘:,:’:‘g$5*;“ of one of the parties, and concerning whose voyage, and the articles of

0{g,,0ds_ their cargo, there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports or roads, not only their passports, but likewise their certificates, showing that their goods are not of the quality of those which are specified to be contraband in the thirteenth article of the present convention. In gm ,·,{ wm- Amr. XVII. And that captures on light suspicions may be avoided, and the ships of the injuries thence arising prevented, it is agreed, that when one party shall

‘:‘&;"?u{‘:£i’x;’d be engaged in war, and the other party be neuter, the ships of the neuwith pass Om, tral party shall be furnished with passports similar to that described in

mentioned) in the fourth article, that it may appear thereby that the ships really belong _ :_*gcli‘;“'°h to the citizens of the neutral party; they shall be valid for any number ' of voyages, but shall be renewed every year, that is, if the ship happens to return homo in the space of a year. If the ships are laden, they shall be provided not only with the passports above mentioned, but also with certificates similar to those described in the same article, so that it may be known whether they carry any contraband goods. No other paper shall be required, any usage or ordinance to the contrary notwithstanding. And if it shall not appear from the said certificates that there are contraband goods on board, the ships shall be permitted to Ifgorprabsnd proceed on their voyage. If it shall appear from the certificates, that E?"5 agglhcfn there are contraband goods on board any such ship, and the comuvmd um ,,,0 mander of the same shall offer to deliver them up, the offer shall be ship may pur- accepted, and the ship shall be at liberty to pursue its voyage, unless °“° he "°Y”S°• the quantity of the contraband goods be greater than can conveniently be received on board the ship of war or privateer, in which case the ship may be carried into port, for the delivery of the same. If any ship shall not be furnished with such passport or certificates as are above required for the same, such case may be examined by a pro-